Legal Opinion
Martin v. Southern Bell Telephone & Telegraph Co.
Court of Appeals of Georgia
Decided June 22, 1972No. 46930PublishedCited by 8 opinions
1Opinion of the Court
Quillian, Judge.
In the posture in which this case stands on motion for summary judgment, according to well recognized and often quoted principles, this court will construe the proof offered in a light most favorable to the party opposing the motion (Malcom v. Malcolm, 112 Ga. App. 151, 154 (144 SE2d 188)) and will approve the grant of such motion only where the defendant produces evidence which conclusively negates at least one essential element entitling the plaintiff to recover under each theory fairly drawn from the pleadings and evidence. See Werbin & Tennenbaum v. Heard, 121 Ga. App. 147…
2Cases cited18 opinions
- Williams v. GrierSupreme Court of Georgia · 1943
- Wakefield v. AR Winter Co., Inc.Court of Appeals of Georgia · 1970
- Malcom v. MalcolmCourt of Appeals of Georgia · 1965
- Werbin & Tenenbaum, Inc. v. HeardCourt of Appeals of Georgia · 1970
- Bussey v. DawsonSupreme Court of Georgia · 1968
13 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McMillan v. State Highway CommissionMichigan Supreme Court · 1986
- Scheel v. TremblaySuperior Court of Pennsylvania · 1973
- Southern Bell Telephone & Telegraph Co. v. MartinSupreme Court of Georgia · 1972
- Thorbjohnson v. Rockland-Rockport Lime Co., Inc.Supreme Judicial Court of Maine · 1973
- Martin v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1972
3 more not listed; retrieve them via the Exa API.